HomeMy WebLinkAbout1243 08-26-1997ORDINANCE NO. 1243
AN ORDINANCE AMENDING CHAPTER 84 OF THE CODE
OF ORDINANCES, IDENTIFIED AS THE UNIFIED
DEVELOPMENT CODE OF THE CITY OF EULESS, TEXAS;
AMENDING THE CITY OF EULESS ZONING DISTRICT
MAP ON CERTAIN PROPERTY OUT OF THE A J. HUITT
SURVEY, VILLA WEST ADDITION; PROVIDING FOR A
CHANGE OF ZONING FROM R-5 (MULTIPLE - FAMILY
DMLJ.JNG DISTRICT) AND C-2 (COMMUNITY BUSINESS
DISTRICT) TO PD (PLANNED DEVELOPMENT)
CONFORMING TO C-2 DISTRICT STANDARDS; AND
INCLUDING AN AMORTIZATION SCHEDULE; PROVIDING
FOR A SEVERABILITY CLAUSE; PENALTY FOR VIO-
LATION AND AN EFFECTIVE DATE.
WHEREAS, the Planning & Zoning Commission has conducted a public hearing on
August 19, 1997, in conjunction with Zoning Case No. 97- 27 -ZC, and has rendered a
recommendation to the City Council with respect to same;
WHEREAS, City Council has conducted a public hearing on August 26, 1997, considered
the recommendation of the Planning & Zoning Commission, and has determined that the
proposed change is in the best interest of the general welfare of the City of Euless;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
THAT the official zoning district map of the City of Euless, Texas, being a part of Chapter
84 of the Code of Ordinances, be amended to read so that the zoning district
classification of that 13.3554 acres of land being 12.1484 acres of land out of the A J.
Huitt Survey, Abstract 684, generally known as Villa West Addition, generally located at
901 -1001 Villa Drive and 1.1714 acres of land out of the A J. Huitt Survey, Abstract 684;
generally located at 306 Park Drive, more specifically described in Exhibit "A' (attached
hereto and made a part hereof), be changed from R -5 (Multiple - Family Dwelling District -
24 units per acre) and C-2 (Community Business District) to PD (Planned Development)
conforming to C-2 District Standards, in accordance with the detailed site plan bearing the
City of Euless date stamp of August 1, 1997, labeled as Exhibit "A ".
Said property described above shall be sul�ect to all the safeguards and conditions set
forth on said site plan described herein including but not limited to the duration restrictions
upon current uses stated therein. Said site plan shall be applicable only to the property
described herein.
SECTION 2
SEVERA13UTY CLAUSE. It is hereby declared to be the intention of the City Council of
the City of Euless that the sections, paragraphs, sentences, clauses, and phrases of this
ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this
ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase.
SECTION 3
PENALTY FOR VIOLATION. Any person, fine, or corporation violating the terms and
provisions of this ordinance, or the amendments to the comprehensive zoning ordinance
of the City of Euless hereby made, shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be liable to a fine in an amount not to exceed Two-Thousand
Dollars ($2,000) and each day such violation shall continue or be permitted to exist shall
constitute a separate offense. Any amendment to the general penalty provision found in
the comprehensive zoning ordinance of the City of Euless, as amended, shall be deemed
to automatically amend this penalty provision in conforrrity therewith.
SECTION 4
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage, as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND PASSED CONTINGENT UPON THE APPROVAL OF SPECIFIC USE
PERMT#97 -28 ON FIRSTAND FINAL READING at a regular meeting of the Euless City
Council on the 26th day of August, 1997, by a vote of s ayes, 2 nays, and
o abstentions.
ATTEST: APPROVED:
san Crim CMC, City Secretary Mary Lid Saleh, Mayor
AP ROVE T F
ee
City Attorney
ORDINANCE NO. 1243 1 PAGE 2 OF 2
FOR
LAND USE: APARTMENTS #97 -28 -SUP
-- — - - -- --------------------
/ns I (eme number)
LOCATION
!v- ve.ty adde„y, 1001 VILLA DRIVE
nrK�ldr, =�w�n�i VILLA WEST ADDITION, BLOCK B AND A, A. J. HUITT SURVEY
TRACTS 4A6, 4A7, 4A8 &4A9,901-1001 VILLA DRIVE & 306 PARK DRIVE
This permit is valid only for the property and use referenced above and then ONLY in accordance with the following
documents and /or conditions:
DOCUMENTS:
APPLICATION
SITE PLAN DATE STAMPED 08/01/97
CONDITIONS:
-- Conditional -- upon - attachments- hereto and. -.u. pan_ th€-- change_ on_ the- s- ite- p-l-an -in -the - - --
--
grace - per -iod -for -- the- remoua-1 - -of- all - -st- r- u,rtur-es -that _ dra. - not, -- con- fo-sm- Lea-- bg-�_hanged - - --
-from - th-r-ee- years -to- two -ye- rand including -the -- pr-ouis -i-on- that -- any- r- epair- -4if --casualty
losses to be completed within two years of the date of loss.
Consideration by the Planning and Zoning Commission :
DATE OF ACTION
RECOMMEND O .
x G
//08/19/9_7__
v approval denial
19
Approval of City Council
DATEAPPROVED: 08/26/97 -- 1st reading
- — --
09[0-979-7 -- second reading
X_VL_d - - - - - - --
- -
(Sign ure of Mayor)
Subject to attached seven pages of stipulations and specific wording in minutes of
City Council . meeting of September 9, 1997.
97 -25S U P. WK4 08/19197
201 N. Ector Drive, Euless, Texas 76039 -3595
817/685 -1400 • Metro 8171267 -4403 • FAx 8171685 -1416
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CITY COUNCIL MINUTES SEPTEMBER 9. 1997 PAGE 2
INVOCATION
Mayor Saleh gave the invocation.
ITEM NO. 1 EMPLOYEE OF THE MONTH FOR AUGUST
Mayor Saleh presented a plaque and gift certificate to Facilities Maintenance employee
Lendell "L.T." Turner for receiving employee of the month for August, 1997. L.T.
introduced his wife Julie and his daughter Andrea.
ITEM NO. 2 EMPLOYEE OF THE MONTH FOR SEPTEMBER
Mayor Saleh presented a plaque and gift certificate to Municipal Court Clerk Roslyn
Moore for receiving employee of the month for September, 1997. Ms. Moore introduced
her daughter Brianna.
ITEM NO. 3 APPROVAL OF THE SECOND AND FINAL READING OF
SPECIFIC USE PERMIT #97 -28 - VILLA WEST ADDITION
Council Member Baker motioned for approval of the second and final reading of Specific
Use Permit No. 97 -28, a request of Concord Summit, Ltd., for a Specific Use Permit for
apartments out of the A. J. Huitt Survey, A -684, located at 311 S. Industrial Boulevard
with amendments that were approved at the August 26, 1997 City Council meeting as well
as additional amendments presented at the September 9, 1997 City Council meeting as
follows: three page document titled "Amendment to 'Development Standards for SUP'
Section" to be attached to Specific Use Permit with an additional change on page three
to state that the removal of the gates on Park Drive is to be conditioned upon the
extension of the seven foot chain link fence to separate Concord House property from the
Concord Terrace property; and further that the City's staff will have the option of directing
the relocation of the wrought iron fence on Park Drive to the east side thereof and the
entrance gate to Park Drive (adjacent to the southernmost property line) or if safety issues
cannot be resolved, then open the fences and gate on Park Drive; and extend the seven
foot chain link fence as above provided; and further that the owner will furnish a copy of
the construction draws to the City of Euless and make the property available for
inspection and the independent review of the construction draw of the third party be
furnished to the City of Euless if available to the property owner.
Council Member Edwards seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson,
Baker, and Edwards
Nays: Council Members Hogg and Walker
CITY COUNCIL MINUTES SEPTEMBER 9. 1997 PAGE 3
Mayor Saleh declared the motion carried.
ITEM NO. 4 APPROVAL OF TEMPORARY USE PERMIT
Restoration Church representative Ken Harp was present in the audience for any
questions.
Council Member Hogg motioned for approval of a temporary use permit to Restoration
Church, 1350 W. Euless Boulevard, to be used September 13, 1997, from 1:00 p.m. to
10:00 p.m. for a charitable event that will have live music and other entertainment, an art
show, plus food and beverage sales.
Council Member Baker seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson, Hogg,
Baker, Walker, and Edwards
Nays: None
Mayor Saleh declared the motion carried.
i
ITEM NO. 5 PUBLIC HEARING ON FY 97 -98 CITY OF EULESS OPERATING
AND CAPITAL BUDGET
Mayor Saleh opened the public hearing at 7:19 p.m. concerning the FY 97 -98 City of
Euless operating and capital budget.
Accountant Vicki Smith presented the FY 97 -98 operating and capital budget and
described the revenue sources and expenditure sources for the general fund, the water
and sewer fund as well as the various enterprise funds.
Mayor Saleh asked for any proponents or opponents for the public hearing. There being
none, Mayor Saleh closed the public hearing at 7:23 p.m.
ITEM NO. 6 APPROVAL OF THE FIRST AND FINAL READING OF
ORDINANCE NO. 1242
Council Member Edwards motioned to approve the first and final reading of Ordinance
No. 1242 adopting the official operating and capital budget for the fiscal year beginning
October 1, 1997 and ending September 30, 1998, and amending the budget for fiscal
year beginning October 1, 1996 and ending September 30, 1997.
Council Member Baker seconded the motion.
CITY COUNCIL MINUTES AUGUST 26, 1997 PAGE 7
ITEM NO. 5 CONTINUE PUBLIC HEARING FOR SPECIFIC USE PERMIT #97-
28 - VILLA WEST ADDITION
Mayor Saleh reopened a public hearing at 9:39 p.m. that was continued from the August
12, 1997 City Council Meeting for a request of Concord Summit, Ltd., for a Specific Use
Permit for apartments out of the A. J. Huitt Survey, Abstract 684, located at 1001 Villa
Drive.
Attorney John Lynch stated that he had presented all of his information in the previous
public hearing but that he was available for any questions the Council may have.
There being no further proponents and no opponents, Mayor Saleh closed the public
hearing at 9:40 p.m.
ITEM NO. 6 APPROVAL OF SPECIFIC USE PERMIT #97 -28 - VILLA WEST
ADDITION
Council Member Tyson asked Director of Development Bo Bass if the parking lot
improvements to the apartment complex would be made to the City's minimum standards.
Mr. Bass stated that the Unified Development Code did not contain minimum
requirements for parking lots but that a developers engineer would define that
requirement.
Council Member Baker requested the City staff look into the necessity of developing
minimum design standards for parking lots of apartment complexes, shopping centers,
etc.
Council Member Baker suggested the owner of the apartment complex consider fencing
the perimeter of the property and making it a gated complex to offer some security to the
tenants.
Council Member Edwards motioned to approve Specific Use Permit #97 -28, a request of
Concord Summit, Ltd., for apartments out of the A. J. Huitt Survey, Abstract 684, located
at 1001 Villa Drive, including all provisions set forth in the document entitled "Amendment
for SUP Application ", and including all provisions set forth in document entitled
"Improvements In Addition To Minimum Housing Standards Repairs (Not From Loan
Proceeds) ", and including completion in substantial compliance of improvements itemized
on the document entitled "Improvements From Loan Proceeds In Addition To Minimum
Housing Standards Repairs ", and including all provisions setforth in the document entitled
"Proposed Alternatives For The Removal Of Structures" with the amendment thereto of
items 2. (c), (d) and (e) being changed from three years to two years, and including the
change on the site plan in the grace period for the removal of all structures that do not
conform to be changed from three years to two years, and including the provision that any
repair of casualty losses to be completed within two years of the date of loss.
CITY COUNCIL MINUTES AUGUST 26. 1997 PAGE 8
Council Member Tyson seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tern Miller, Council Members Tyson and
Edwards
Nays: Council Members Hogg, Baker, and Walker
Mayor Saleh declared the motion carried.
City Attorney Bob McFarland stated that the 4 -3 vote would require a second
consideration by the City Council at their next regular meeting, because an affirmative
vote of 5 is required for a specific use permit to be approved on a single reading.
Mayor Pro Tern Miller asked if the specific use permit could be brought back to the table
at this meeting if one of those persons casting an affirmative vote requested it be
reconsidered. City Attorney Bob McFarland said it could be motioned for reconsideration
by a council member on the prevailing side. Mayor Pro Tern Miller stated that if the issue
is the fence then perhaps the specific use permit could be approved at this meeting. Mr.
Lynch stated that the applicant would withdraw their request for the zoning and the
specific use permit if fencing and gating are a requirement.
Mayor Saleh directed the City staff to work with the property owner to create a time line
for completion of the minimum housing improvements to begin immediately and to be
completed over the next twelve months.
ITEM NO. 7 REMOVE ITEM FROM THE TABLE
Council Member Edwards motioned to remove from the table Ordinance No. 1236,
amending Subsection (n) "Home Occupations" of section 84 -85 "Special Conditions by
Use Type" of Chapter 84, "Unified Development Code" of the City of Euless Code of
Ordinances.
Council Member Tyson seconded the motion.
Ayes: Mayor Saleh, Mayor Pro Tem Miller, Council Members Tyson, Hogg,
Baker, Walker, and Edwards
Nays: None
Mayor Saleh declared the motion carried.
ITEM NO. 8 PUBLIC HEARING FOR AMENDMENTS TO THE UNIFIED
DEVELOPMENT CODE SUBSECTION (n) "HOME
OCCUPATIONS' OF SECTION 84-85
Attachment to Specific U; Permit 11 97 -28, page 1
AMENDMENT FOR SUP APPLICATION
1. The Property Owner agrees to complete the following improvements ( "Improvements "):
a. All of the items set forth in the letter dated July 25, 1997 from Bocl¢ath &
Associates to the City (Attn: Bo Bass) regarding a list of housing code
improvements.
b. The improvements required to be made pursuant to the Site Plan submitted by
Applicant with this SUP.
2. This SUP shall automatically terminate as to the C -2 portion only (at which time the
apartment use of the C -2 portion of the property shall become a lawful nonconforming
use until the expiration of the Temporary Use Period) only in the event of the latter to
occur of the following: (1) the Improvements are not substantially completed on or
before August 26, 1998, or (2) the Improvements remain substantially incomplete 30 days
after written notice is given by the City to the Property Owner, at its then current address
according to official City tax records, stating that the Improvements have not been
substantially completed.
3. The City's position as to whether the Improvements are substantially complete shall be
reasonably determined by the City Manager.
Attachmer to Specific Use Permit # 97 -2
U� ah tme-n-�- Page 2
IMPROVEMENTS IN ADDITION TO
MINIMUM HOUSING STANDARDS REPAIRS
(NOT FROM LOAN PROCEEDS)
• LOOPED WATER LINE
• THREE ADDITIONAL FIRE HYDRANTS
• EXPAND FIRE LANES TO INCLUDE TURNAROUNDS
• ADD AND RELOCATE ENTRYWAYS
• PARK DRIVE REPAIR
• GROUND COVER, PLANTS AND LANDSCAPING (CONCORD TERRACE)
TOTAL ADDITIONAL IMPROVEMENTS (APPROXIMATE):
$ 50,000 - $70,000
CONCORD SUMMIT, LTD. - COUNCIL PRESENTATION
WAW P601iA W 815IM n. EXIT
6�yw4'd 'Wert Attachment to Specific Use Permit # 97 -28
IMPk,NEMENTS FROM LOAN PR1,.;EEDS Page 3
IN ADDITION TO MINIMUM HOUSING STANDARDS REPAIRS
• POOLS (CONCORD HOUSE [west pool] and CONCORD TERRACE)
- replace plaster, tile, coping
- repair /resurface decks
- furniture
• LANDSCAPING IMPROVEMENTS
- regrading, trees and plants
• REFURBISH TEN VACANT UNITS
- Includes: HVAC, electrical, carpentry, plumbing,
hardware, carpet, appliances
• REPLACE AIR CONDITIONING UNITS
- 78 units
• REPLACE CARPET
- 73 units
- 216 units have received new carpet in last two years
• APPLIANCES
- 125 refrigerators
- 19 ranges
- 27 dishwashers
- 47 ceiling fans
• WINDOW COVERINGS
- 146 units
• COUNTERTOPS
- 78 units
• FLOORING (TILE)
- 37 units
• WINDOW SCREENS
-240 units
• PLAYGROUNDS (CONCORD HOUSE AND CONCORD TERRACE)
• ELECTRICAL UPGRADES
• REBUILD /REPAIR BOILER HOUSES (14)
• PARKING AREAS
TOTAL ADDITIONAL IMPROVEMENTS: IN EXCESS OF $365,000
CONCORD SUMMIT, LID. - COUNCIL PRESENTATION
W:1WP60VAM18815IMP2. EXH
Attachment to Sepcific e Permit it 97 -28, page 4
PROPOSED ALTERNATIVES FOR THE REMOVAL OF STRUCTURES
Satisfaction by Applicant of one of the following alternatives, at the option of Applicant:
1. Such assurances as may be acceptable to the City Attorney for the removal of apartment
structures from the property at the expiration of the Special Use Permit; or
2. Execution and delivery of an agreement running with the land in form and substance
which is acceptable to the City Attorney and which contains the following key provisions:
a. Describe the Property as all of the property covered by the Special Use Permit.
b. Recite and agree that the Temporary Use Period (as defined in the SUP) plus three
(3) years is more than sufficient time for the Applicant to recover the full benefit
of its investment (both previous and contemplated) in the subject Property.
C. If desired by City Attorney, recite the value of the investment (both previous and
contemplated) of the Applicant in the Property and set out the amortization
schedule for the life of the Temporary Use Period plus tbr-e6 (3) ears.
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d. The owner of the Property shall cause to be removed all structures which do not
conform with the then existing zoning (without the SUP) after the end of the
Temporary Use Period plus tW (3) years from all portions of the Property.
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e. The City and the Applicant agree that after the end of the Temporary Use Period
L '
e-,- usl three -F3) years on any portion of the Property, the City, at its election shall
'i W o Ca be entitled to seek and receive a mandatory injunction ordering the Owner to
remove all structures which do not conform to the then existing zoning; provided
that the Owner of the Property is given forty -five (45) days prior written notice
from the City to remove such structures.
f. In the event, the Owner fails to remove the structures pursuant to Section d above,
the City, at its election, if the Owner of the Property has not commenced and is
not diligently prosecuting the removal of all such structures on or before thirty
(30) days after written notice from the City, the City may undertake to remove all
such structures. Then owner of the Property shall have the obligation to repay the
City's cost of removal and such obligation shall be secured by a lien (which shall
be self - perfecting without further notice) on the Property.
g. These agreements shall be covenants running with the land and shall bind all
future owners.
W:\WP601nL�88150P1i
Attachment to Sepcific Use Per ` li 47 -28, page 5
AMENDMENT TO "DEVELOPMENT STANDARDS FOR SUP" SECTION
The section entitled "Development Standards for SUP' (which is a 24" by 36" drawing
entitled "Requested PD Zoning" for zoning cases #97 -27ZC and #97 -28SUP which is a part
and parcel of this Special Use Permit) is hereby and herewith modified and amended by
adding the following at the end thereof.
11. Unless otherwise delayed or prevented by the City, prior to the expiration of
two (2) years from the date of the granting of this Special Use Permit, a
security fence and gate system shall be installed and thereafter maintained on
the Property in the location and in accordance with the description which is
set forth on Exhibit "E" which is attached hereto and incorporated herein for
all purposes. A fence and gate system installed in accordance with the
requirements of Exhibit "E" meets the Development's Requirements, location,
height, materials and other development standards relating to the fence,
appurtenant gates and locks.
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Attachment to Specific Use Pe, t # 97 -28, page 7
FENCE INSTALLATION ON
CONCORD HOUSE AND CONCORD TERRACE APARTMENT COMPLEXES
Owner will install a fence around the Concord House and Concord Terrace Apartment
Complexes ( "Concord Property ") as described herein and as shown on the drawing attached
hereto. The fence will be constructed out of:
1. wrought iron (6 foot), as shown in blue;
2. black vinyl chain link (7 foot), as shown in orange.
Also, the wrought iron sections of fence will have brick posts every 200 feet and brick comer
posts.
Vehicle access to Concord House will be through two entrance gates (shown in red) and
two exit gates (shown in green ). A single gate on Park Drive will control the entrance and exit
of vehicles from Concord Terrace (shown in red and green). These five gates will be wrought
iron sliding gates (28 feet x 6 feet) controlled by gate operators with phone systems.
Owner will not be required to install or maintain the gate and black vinyl chain link fence
(both indicated with an asterisk) across Park Drive and adjacent to the end of Park Drive after
such time as the presence of same is expressly challenged by someone who reasonably asserts
a right of access on Park Drive.
The location of the fence and gates as shown hereon will be located within two feet of
the property line and may be adjusted by Owner to accommodate existing improvements.
NOTE FROM MINUTES OF SEPTEMBER 9, 1997 CITY COUNCIL MEETING:
....change on page 3 to state that the removal of the gates on Park Drive
is to be conditioned upon the extension of the 7 foot chain link fence to
separate Concord House property from the Concord Terrace property; and
further that the City's staff will have the option of directing the relocation
of the wrought iron fence on Park Drive to the East side thereof and the
entrance gate to Park Drive (adjacent to the Southernmost property line)
or if safety issues cannot be resolved, then open the fences and gate on
Park Drive; and extend the 7 foot chain link fence as above provided;
WAWP60VAMW15FENC. EXH